Virginia Administrative Code

A. Any certified private or commercial applicator or registered technician who desires to renew his certification shall do so biennially for the category or subcategory for which he is certified. A certified private or commercial applicator or registered technician must first att…

Reexamination or special examination will be required by the board of any commercial applicator or registered technician under the following circumstances: 1. Certificate has been suspended or revoked; 2. Significant technological advances have occurred in the category or subcate…

A. The commissioner may summarily suspend the certificate of any person without a hearing if he finds there is any substantial danger, or threat of substantial danger, to the public health, safety, or environment which warrants the summary suspension. The commissioner shall sched…

A. The board may, after opportunity for a hearing, deny, suspend, revoke or modify a certificate upon any violation of any act set out in § 3.2-3940 B of the Code of Virginia. B. If the board imposes a civil penalty upon a person and such civil penalty is not paid within 60 days …

A. Certified commercial or private applicators or registered technicians shall report any pesticide accident or incident in which they are involved that constitutes a threat to any person, to public health or safety, or to the environment, as a result of the use or presence of an…

A. A person who is currently certified by another state or by a federal agency may make written application to the commissioner, or his duly authorized agent, for issuance of a certificate on a reciprocal basis without examination, in accordance with § 3.2-3934 of the Code of Vir…

Reciprocal recertification shall be granted to out-of-state applicators if they: (i) maintain certification in their home state; (ii) provide proof of current certification to the commissioner prior to the date of Virginia certification expiration; (iii) are currently certified i…

A. The following persons must be certified as pesticide applicators: 1. Commercial applicators; 2. Registered technicians; and 3. Private applicators. B. Commercial applicators not for hire must be certified only when using any pesticide in the following areas except as noted in …

A. Commercial applicators not for hire and registered technicians not for hire, being exempt from the pesticide business license requirement of the board and the recordkeeping requirements under this license, are required to maintain pesticide application records as prescribed in…

Commercial applicators not for hire and registered technicians not for hire shall maintain a record of each pesticide applied, containing the following: 1. Name of property owner, address or location, and, as applicable, phone number of the site of application; 2. Name and certif…

A. In addition to the general requirements listed in 2VAC5-685-20, applicants for commercial applicator certification shall meet the following requirements: 1. Certification as a registered technician, as well as employment as a registered technician for at least a year; or 2. On…

A. Each applicant for a private applicator's certificate shall apply to the commissioner and then report to an authorized testing location within 90 days and take an examination for each certification category, specified in 2VAC5-685-80, applicable to his operation. The applicati…

A. In addition to the general requirements listed in 2VAC5-685-20, individuals seeking certification as registered technicians must: 1. Receive on-the-job training in the proper application of pesticides under the direct on-site supervision of a certified commercial applicator fo…

The following persons are exempt from certification: 1. Persons conducting laboratory research involving restricted use pesticides; 2. Doctors of medicine or doctors of veterinary medicine applying pesticides as drugs or medication during the course of their practice, or to contr…

An individual who successfully completes the requirements prescribed in 2VAC5-685-50 for registered technician certification will receive certification in Category 60, the category designation assigned to all registered technicians regardless of the category or subcategory in whi…

A. Commercial applicators must be certified in one or more of the following commercial applicator categories or subcategories: 1. Agricultural pest control. a. Agricultural plant pest control. This subcategory is for commercial applicators who will be using or supervising the use…

Private applicators who apply or supervise the application of restricted use pesticides shall be certified in one or more of the following categories: 1. Category 86: Single product certification. Includes private applicator applicants who are seeking authorization to apply a sin…

A. Applicants shall be tested on their knowledge and qualifications concerning the use and handling of pesticides. The examination will test the applicants' general knowledge required for all categories, and the additional knowledge specifically required for each category or subc…

General This chapter establishes standards and requirements for pesticide containers, repackaging pesticides, and pesticide containment structures.Statutory Authority§ 3.2-3906 of the Code of Virginia; 40 CFR Part 165.

In this section, the term "pesticide product" or "pesticide" refers only to a pesticide product or a pesticide that is subject to the regulations in Part III of this chapter as described in 2VAC5-690-80 A through F. A registrant is not required to report to VDACS information abou…

A. The regulations in Part IV (2VAC5-690-110 et seq.) of this chapter establish requirements for repackaging some pesticide products into refillable containers for distribution or sale. B. The following persons must comply with the regulations in Part IV of this chapter: 1. A reg…

A. The regulations in Part IV (2VAC5-690-110 et seq.) of this chapter do not apply to manufacturing use products as defined in 40 CFR 158.153(h). B. The regulations in Part IV of this chapter do not apply to plant-incorporated protectants as defined in 40 CFR 174.3. C. The regula…

A. In this section, the term "pesticide product" or "pesticide" refers only to a pesticide product or a pesticide that is subject to the regulations in Part IV of this chapter as described in 2VAC5-690-120 A through G. B. Any registrant who distributes or sells pesticide products…

A. In this section, the term "pesticide product" or "pesticide" refers only to a pesticide product or a pesticide that is subject to the regulations in Part IV of this chapter as described in 2VAC5-690-120 A through G. B. A registrant who distributes or sells pesticide products t…

A. In this section, the term "pesticide product" or "pesticide" refers only to a pesticide product or a pesticide that is subject to the regulations in Part IV of this chapter as described in 2VAC5-690-120 A through G. B. A refiller of a pesticide product that is not the registra…

A. The purpose of the containment regulations in Part V (2VAC5-690-160 et seq.) of this chapter is to protect human health and the environment from exposure to agricultural pesticides that may spill or leak from stationary pesticide containers. This protection is achieved by the …

A. A stationary pesticide container is a refillable container (i) that is fixed at a single facility or establishment or, if not fixed, remains at the facility or establishment for at least 30 consecutive days and (ii) that holds pesticide during the entire time. B. Stationary pe…

A. A pesticide dispensing area is subject to the containment regulations in Part V (2VAC5-690-160 et seq.) of this chapter and must have a containment pad that complies with the requirements of Part V of this chapter if any of the following activities occur: 1. Refillable contain…

A. A new containment structure is one whose installation began after November 16, 2006. Installation is considered to have begun if: 1. The owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the containmen…

Terms used in this chapter have the same meaning as in the Federal Insecticide, Fungicide, Rodenticide Act (7 USC § 136 et seq.) and 40 CFR Part 152. In addition, as used in this chapter, the following terms shall have the meanings set forth below. "Agricultural pesticide" means …

A. A new containment structure must comply with the following material specifications: 1. The containment structure must be constructed of steel, reinforced concrete, or other rigid material capable of withstanding the full hydrostatic head, load, and impact of any pesticides, pr…

A. An existing containment structure must comply with the following material specifications: 1. The containment structure must be constructed of steel, reinforced concrete, or other rigid material capable of withstanding the full hydrostatic head, load, and impact of any pesticid…

A. The owner or operator of a new or existing pesticide containment structure must comply with the following operating procedures: 1. Manage the structure in a manner that prevents pesticides or materials containing pesticides from escaping from the containment structure (includi…

An owner or operator subject to the requirements of Part V (2VAC5-690-160 et seq.) of this chapter may combine containment pads and secondary containment units as an integrated system provided the requirements set out in Part V of this chapter for containment pads and secondary c…

A. A facility owner or operator subject to the requirements of Part V (2VAC5-690-160 et seq.) of this chapter, must maintain the following records and must furnish these records for inspection and copying within 72 hours of request by an employee of VDACS: B. Records of inspectio…

A. The regulations in Part II (2VAC5-690-30 et seq.) of this chapter establish design and construction requirements for nonrefillable containers used for the distribution or sale of some pesticide products. B. A registrant who distributes or sells a pesticide product in nonrefill…

A. The regulations in Part II (2VAC5-690-30 et seq.) of this chapter do not apply to manufacturing use products, as defined in 40 CFR 158.153(h). B. The regulations in Part II of this chapter do not apply to plant-incorporated protectants, as defined in 40 CFR 174.3. C. The regul…

A. In this section, the term "pesticide product" or "pesticide" refers only to a pesticide product or a pesticide that is subject to the regulations in Part II of this chapter as described in 2VAC5-690-40. B. A pesticide product that does not meet the definition of a hazardous ma…

A. In this section, the term "pesticide product" or "pesticide" refers only to a pesticide product or a pesticide that is subject to the regulations in Part II of this chapter as described in 2VAC5-690-40. B. A registrant is not required to report to VDACS with information about …

A. The regulations in Part III (2VAC5-690-70 et seq.) of this chapter establish design and construction requirements for refillable containers used for the distribution or sale of some pesticide products. B. The following persons must comply with the regulations in Part III of th…

A. The regulations in Part III (2VAC5-690-70 et seq.) of this chapter do not apply to manufacturing use products as defined in 40 CFR 158.153(h). B. The regulations in Part III of this chapter do not apply to plant-incorporated protectants as defined in 40 CFR 174.3. C. The regul…

A. In this section, the term "pesticide product" or "pesticide" refers only to a pesticide product or a pesticide that is subject to the regulations in Part III of this chapter as described in 2VAC5-690-80 A through F. B. A pesticide product that does not meet the definition of a…

The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise: "Accredited veterinarian" means a licensed veterinarian approved by the United States Department of Agriculture/Animal and Plant Health Insp…

All horses assembled at a show, fair, race meet, or other such function, or participating in any activity on properties where horses belonging to different owners may come into contact with each other in Virginia, must be accompanied by a report of an official negative test for e…

(Repealed.)

A. Horses which have reacted positive to the official test shall be quarantined to the premises where tested by a State-Federal Regional Veterinarian. B. When a reactor is disclosed on a premises, and such testing does not constitute a complete herd test, then all horses on such …

A. Reactor horses may be humanely destroyed. The destruction of such horses shall be the owner's responsibility and at his or her expense, but will be done under the supervision of a representative of the State Veterinarian. B. Reactor horses may be further identified as required…